HB 560 — Public Safety Reform.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 21 HOUSE BILL 560 Committee Substitute Favorable 5/4/21 Short Title:

Representatives Boles, A.

Jones, Logan, and McNeill (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary 2, if favorable, Rules, Calendar, and Operations of the House April 15, 2021 A BILL TO BE ENTITLED AN ACT TO MODIFY THE LAWS OF THE STATE RELATING TO PUBLIC SAFETY.

… (b) Any prisoner who knowingly and willfully exposes genitalia to an employee while the employee is in the performance of the employee's duties is guilty of shall be punished as a Class I felony.felony.felon and shall be sentenced to a minimum term of six months and a maximum term of 12 months in the State's prison.

Notwithstanding G.S.

15A-1340.17, a person convicted of a violation of this subsection shall be sentenced to an active punishment with a minimum term of six months.

*H560-v-1* General Assembly Of North Carolina Session 2021 "(c) Possessing Tools for Escape.

– Any prisoner who possesses a letter, weapon, tool, good, article of clothing, device, or instrument to do any of the following is guilty of effect an escape or aidaide *H560-v-2*in Generalan Assemblyassault Ofor Northinsurrection Carolinashall Sessionbe 2021punished inas ana assaultClass orH insurrectionfelony:felon isand guiltyshall be sentenced to a minimum term of 12 months and a Classmaximum Hterm felony:felony.of 24 months in the State's prison.

Notwithstanding G.S.

15A-1340.17, a person convicted of a violation of this subsection shall be sentenced to an active punishment with a minimum term of 12 months.

(2) Aide in an assault or insurrection." SECTION 3.(b) ThisG.S. section becomes effective December 1, 2021, and applies to offenses committed on or after that date.

15A-1368.1 reads as rewritten:

"§ 15A-1368.1.

Applicability of Article 84A.

This Article applies to all felons sentenced to an active punishment under Article 81B of this Chapter or G.S.

90-95(h), Chapter, G.S.

14-258, 14-258.4, or 90-95(h), but does not apply to felons in Class A and Class B1 sentenced to life imprisonment without parole.

Prisoners subject to Articles 85 and 85A of this Chapter are excluded from this Article's coverage." SECTION 3.(c) This section becomes effective December 1, 2021, and applies to offenses committed on or after that date.

(b) When the property of an inmate in the custody of the Department of Public Safety, Division of Adult Correction and Juvenile Justice, is lost, destroyed, or otherwise damaged through the negligent handling of theits correctional facilityfacility, or its staff members,members thereof, the Department of Public Safety shall reimburse the inmate for the value of the item, or,or whenprovide recommendedfor byreplacement of the Department'sitem, Administrativewhen Remedythe Procedure,Department's provideAdministrative forRemedies replacementProcedure ofresults thein item.that recommendation.

When the property of an inmate in the custody of the Department of Public Safety, Division of Adult Correction and Juvenile Justice, is lost, destroyed, or otherwise damaged through the negligent handling of theits correctionalcorrection facilityfacility, or its staff members,members thereof, the Departmentinmates of Public Safety shall reimbursehave theno inmaterecourse forunder thethis valueArticle. of the item, or provide for replacement of the item, as described in G.S.

148-18.2,Instead, andthe Department of Public Safety shall reimburse the inmate shallfor havethe novalue recourseof underthe thisitem, Article."or SECTIONprovide 4.(c)for replacement of the item, as described in G.S.

148-18.2." SECTION 4.(c) G.S.

"(b) No State court court, including the North Carolina Industrial Commission, or administrative body shall entertain a prisoner's grievance or complaint which falls under the purview of the Administrative Remedy Procedure unless and until the prisoner shall have Page 2 House Bill 560-First Edition General Assembly Of North Carolina Session 2021 exhausted the remedies as provided in said procedure.

Page 2 House Bill 560-Second Edition General Assembly Of North Carolina Session 2021 (a) The Industrial Commission may by order tax the costs against the losing party in the same amount and the same manner as costs are taxed in the Superior Court Division of the General Court of Justice.

InHowever, in no event shall the Industrial Commission tax the cost against the prevailing party.

The State department, institution, or agencyagencyconcerned concerned may paypaythe the costs taxed against it.

House Bill 560-First Edition Page 3 General Assembly Of North Carolina Session 2021 The Department of Public Safety, Division of Adult Correction and Juvenile Justice, shall not be liable for damages under this Article for the acts or omissions of its employees tasked with the supervision, protection, control, confinement, or custody of the State's inmate population, unless such acts or omissions amount to gross negligence." SECTION 4.(i) This section becomes effective October 1, 2021, and applies to property held and actions or claims brought on or after that date.

House Bill 560-Second Edition Page 3 General Assembly Of North Carolina Session 2021 (a) A probation officer shall investigate all cases referred to him for investigation by the judges of the courts or by the Secretary of Public Safety.

(c) Probation officers shall have the authorityauthorityof of peace officers foron prison propertyfor the purpose of protecting life and property on prison property, for the purpose of transferring prisoners from place to place as the probation officers'dutiesofficers' duties might require, and for apprehending, arresting, and returning escapedto prisonersprison toescaped prison.prisoners.

The Commission shall also have authority to revoke and terminate persons on post-release Page 4 House Bill 560-First Edition General Assembly Of North Carolina Session 2021 supervision, as provided in Article 84A of Chapter 15A of the General Statutes.

The Commission shall also have the authority to punish for criminal contempt for willful refusal to accept post-release supervision or to comply with the terms of post-release supervision by a prisoner whose offense requiring post-release supervision is a reportable conviction subject to the registration requirement of Article 27A of Page 4 House Bill 560-Second Edition General Assembly Of North Carolina Session 2021 Chapter 14 of the General Statutes.

… (f1) The Commission shall enter all orders of temporary or conditional revocation of post-release supervision and parole subjecting supervisees and parolees to arrest by a law enforcement officerorofficer or a post-releasesupervisionpost-release andparoleofficersupervision intoand theparole Criminalofficer Justiceinto LawCJLEADS. Enforcement Automated Data System (CJLEADS).

Has received training to provide emotional and moral support and counseling to client law enforcement employees employees, House Bill 560-First Edition Page 5 General Assembly Of North Carolina Session 2021 emergency personnel officers, and their immediate families;

– Any communication made by a client law enforcement employee employee, emergency personnel officer, or a member House Bill 560-Second Edition Page 5 General Assembly Of North Carolina Session 2021 oftheclientlawenforcementemployee'simmediatefamilytoapeercounselor while receiving counseling." SECTION 9.(b) This section is effective when it becomes law and applies to communications made on or after that date.

The Commission shall not Page 6 House Bill 560-First Edition General Assembly Of North Carolina Session 2021 require as a condition of post-release supervision that the supervisee submit to any other searches that would otherwise be unlawful.

…." Page 6 House Bill 560-Second Edition General Assembly Of North Carolina Session 2021 SECTION 12.(b) This section is effective when it becomes law and applies to searches on or after that date.

House Bill 560-Second560-First Edition Page 7